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Insurance Company Information Disclosure System Of Law And Economics

Posted on:2013-01-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:D XingFull Text:PDF
GTID:1116330371979283Subject:Law and Economics
Abstract/Summary:PDF Full Text Request
Financial crisis, especially in 2008 by the American sub-loan crisis of the historyof the rare international financial turmoil, the painful lesson warning us, moderatestate supervision and management of economic activities is necessary, legal system asthe national economic management, financial means, the effective way is to establishperfect information disclosure system of. At present, in the insurance industry inChina is undergoing a period of rapid development, should establish a set of perfectinformation disclosure system of the insurance company. Insurance companyinformation disclosure system is to adjust the insurance information needs in theinformation disclosure of insurance companies process occurs in a variety of sociallaw system. To establish and perfect the insurance company information disclosuresystem, the fundamental purpose is to solve the problem of asymmetric information ininsurance market, improve insurance market efficiency, reduce insurance transactioncost, the insurance industry to promote sustained, healthy and rapid development,better service to the construction of harmonious society. Through the implementationof insurance company information disclosure system, can enhance the insurancecompanies and insurance market transparency, help the insured, the insured and thestakeholders and the public a better understanding of insurance products, insuranceagainst the economic actual strength of the enterprise, credit standing, businessperformance, service quality and development foreground to make correct judgment,making them in the purchase of insurance companies, consumer products and services,full, timely access to the necessary information, so as to make a more accuratejudgment, to avoid unnecessary risks. Perfect information disclosure system ofinsurance companies, is conducive to the formation of effective market constraintmechanism, is conducive to the promotion of insurance enterprises to strengthen theconstruction of internal control system, improve management level. For the insuranceregulatory authorities to better grasp the insurance market, promote the faircompetition among insurance companies, so as to achieve the rational allocation ofmarket resources for the purpose of insurance. The insurance company information disclosure law economic research is relatedto a law and economics of interdisciplinary integration project. This article willattempt to systematically study the insurance company information disclosure systemreasons, basic theory, system, mechanism and legal responsibility, and to theeconomic analysis of train of thought is perforative from beginning to end.The main point of this paper is: (1) the insurance company informationdisclosure system aims to eliminate or reduce the asymmetric information ininsurance market, information fraud and other phenomena, in order to protect themajority of insurance consumers' interests, maintain the insurance market order of faircompetition in the insurance market, realize the optimal allocation of resources. (2) toachieve fairness, efficiency of insurance companies should be the fundamental valueof the information disclosure system. Insurance company information disclosuresystem as the promotion of insurance the insurance consumer rights and interestsimportant legal system, should fully realize the fair idea of law, at the same time asthe optimal allocation of resources to promote the legal system, should give attentionto efficiency. (3) the information disclosure of insurance company of violations oflegal liability is a liability of the economic law system, except you can use thetraditional administrative, civil, criminal and other forms of liability, but also has itsspecial such as off-limits industry and lowered credit rating and other forms ofliability form. (4) effective information disclosure system, is to promote thegovernance structure of insurance companies to improve the system security; at thesame time, good corporate governance, will inevitably promote improving thedisclosure quality, enhance the transparency. (5) information disclosure has becomethe modern insurance market development and regulation of the basic concept.This innovation is mainly reflected in the following two aspects: (1) through thelaw and economics of new perspective, using the economics and jurisprudenceanalysis method, the insurance company information disclosure system to carry out asystematic study and analysis, is a concrete system of interdisciplinary research.Through the analysis of the information disclosure of insurance company of behaviorand influence factors of insurance company, perfect information disclosuremechanism, improve the level of information disclosure of insurance market, increasethe transparency of information, strengthen supervision, promoting market resourceseffective disposition and reasonable flow, the establishment of a more perfect, healthyand sustainable development of the insurance market, to accelerate the development of stimulative our country insurance science the development of relevant policies andregulations to provide more comprehensive theoretical basis. (2) from the insuranceconsumers right angle to the insurance company information disclosure system ofinterpretation. Insurance company insurance duty of information disclosure and theconsumer's right to know is essentially the same rights, obligations of ends. So theinsurance company information disclosure system of analysis and evaluation, not onlya simple comparison and analysis of the cost and income of the insurance companyitself, but to inspect, analysis of protection of the majority of insurance consumers'right to know the overall income. The right to know widely affects the majority ofinsurance consumers with the exercise of other rights, and the insurance companyinformation disclosure system, from the aspect of the legal system to protect theconsumer's right to know the reasonable implementation of insurance.This paper is divided into eight parts, the main contents are as follows:The first part is introduction. This chapter briefly introduces the background andthe theoretical significance and the practical significance, the domestic and foreigninsurance company information disclosure system the existing research literaturemakes a systematic summary and review. Then this paper illustrates the researchcontent, research methods, main innovations and deficiencies.The second part is the insurance company information disclosure system changeand its related theory of economics. This chapter first describes the information andthe information disclosure system of basic concepts, and through to the insurancecompany information disclosure system evolution investigation, from the angle ofdevelopment proved that insurance company information disclosure systemgeneration and development are associated with the development of social economyand the construction of the legal system is inseparable. And then the insurancecompany information disclosure system relates to the basic theory of economics,including the theory of asymmetric information, transaction cost theory andinformation theory of public product are expounded, as the economics analysis of the.The third part is the insurance company information disclosure systemeconomics analysis. This chapter is the first insurance company informationdisclosure system cost and benefit analysis, specifically including the informationdisclosure of insurance companies legislation cost, insurance regulators of theapplicable system of law enforcement cost and insurance company to perform theinformation disclosure system of law-abiding cost three respects undertake an analysis, from the insurance company information disclosure system returns from the and thecorresponding legislation, law enforcement and law three aspects to carry on theanalysis; followed by the insurance company information disclosure system supplyand demand analysis, detailed description of the information disclosure of insurancecompany of system of legal supply particularity, legal requirements as well as thespecial law between the supply and demand relationship; the last is the insurancecompany information disclosed necessity by economics demonstration.The fourth part is the insurance company information disclosure system of lawanalysis. This chapter starts from the principle of utmost good faith in insurance lawof insurance company information disclosure system of law theory in detail; thenfrom the information needs to protect the right to know and the insurer 's obligation ofexplanation two aspects to the insurance company information disclosure system oflaw analysis; finally from the normal management order, maintenance of insurancemarket the realization of insurance information public, to establish the insurancemarket participant fair legal status as well as the embodiment of legal systemefficiency in four aspects of the information disclosure of insurance company ofsystem of legal value are summarized.The fifth part is our country insurance company information disclosure of thestatus quo and analysis of the restricting factors. This chapter of the present insurancemarket insurance company information disclosure problems from four aspects weresummarized in this paper, on the basis of the regulatory level, the insurance companyown level as well as the external environment in three aspects to our countryinsurance company information disclosure of the status quo to restricted an element toundertake systems analysis.The sixth part is the international and Taiwan District of our country insuranceindustry information disclosure system comparative analysis. This chapter includesthe International Association of insurance and insurance information disclosuredocument introduction and Analysis on the United States, Britain, Germany, Japanand other countries, insurance information disclosure system, and the Taiwan area ofChina insurance company information disclosure system investigation. In the earlystage on the basis of comparative analysis summed up in establishing and perfectingthe insurance company information disclosure system is the main concern.The seventh part is to perfect our country's insurance company informationdisclosure system thinking. This chapter is in the previous study and on the basis of the analysis, to improve China's insurance company information disclosure systemspecific recommendations. Concrete from the insurance company informationdisclosure system and reconstruction of the system, improve the governance structureof insurance companies and insurance companies to disclose information systemsupervision system in three key aspects to be discussed, in order to perfect ourcountry's insurance company information disclosure system can provide a usefulreference and suggestion.The last part is the conclusion and prospects for future research.
Keywords/Search Tags:Insurance company, Information disclosure system, Economic analysis, System reconstruction, Supervision
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